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Community Property Interest in a Business Owned Prior to Marriage

Posted on : August 10, 2016, By:  Christopher Hildebrand
Community Property Interest in a Business Owned Prior to Marriage

Community Property Interest in a Business Owned Prior to Marriage In Arizona, the earnings of the spouses during marriage are community property. In a divorce, the court divides the money and assets between the spouses equitably. The exact division is generally left to the discretion of the trial court. However, an appellate court can review […]

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Statements Regarding Property Are Binding In a Divorce

Posted on : August 9, 2016, By:  Christopher Hildebrand
Statements Regarding Property Are Binding in a Divorce

Statements Regarding Property Are Binding in a Divorce In Arizona, property acquired during a marriage is presumed to be community property. A spouse claiming otherwise must offer clear and convincing evidence in support. In Hofstra v. Hofstra 474 P.2d 869 (1970), the Court of Appeals heard an appeal regarding this issue. A husband appealed the […]

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Segregating Separate Property From Community Property

Posted on : August 9, 2016, By:  Christopher Hildebrand
Segregating Separate Property From Community Property

Segregating Separate Property From Community Property In Arizona, an increase in the value of separate property during a marriage can be either separate or community property. Arizona court’s generally treat it as community property to the extent it is attributable to a spouse’s efforts. Any increase due to the inherent value of the property remains separate […]

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Tracing Separate Property Commingled With Community Property

Posted on : August 8, 2016, By:  Christopher Hildebrand
Tracing Separate Property Commingled With Community Property

Tracing Separate Property Commingled With Community Property In Arizona, courts presume that property a couple acquires during marriage is community property. A spouse can overcome this with clear and convincing evidence. In Kingsberry v Kingsberry 379 P.2d 893 (1963), the Arizona Supreme Court of addressed this issue. Facts of the Case Mrs. Kingsberry and Mr. […]

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Community Liens On Sole and Separate Property in an Arizona Divorce

Posted on : August 8, 2016, By:  Christopher Hildebrand
Community Liens on Sole and Separate Property in a Divorce

Community Liens on Sole and Separate Property in an Arizona Divorce Under Arizona law, when community assets benefit one spouse’s separate property, the community can obtain reimbursement in a divorce. But, does the same rule apply when the community ends because of one spouse’s death? And if so, what is the measure of reimbursement? In […]

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Are Profits From a Separate Business Community or Separate Property

Posted on : August 8, 2016, By:  Christopher Hildebrand
Are Profits From a Business Separate Property or Community Property

Are Profits From a Separate Business Community or Separate Property? Under Arizona law, when one spouse earns profits from separate property, those profits are either community or separate property (or a combination of both). They are community property to the extent they are earned through the spouse’s efforts. The spouse earning them must offer a reasonable […]

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Increased Value of a Business: Separate Property or Community Property?

Posted on : August 8, 2016, By:  Christopher Hildebrand
Increased Value of a Business Separate Property or Community Property

Increased Value of a Business: Separate Property or Community Property? Under Arizona law, when community assets benefit one spouse’s separate property, the community can obtain reimbursement in a divorce. Does the same rule apply when the community ends because of one spouse’s death? What is the measure of reimbursement? In Guthrie v. Guthrie 242 P.2d […]

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Result of Commingling Community and Separate Property

Posted on : August 8, 2016, By:  Christopher Hildebrand
Result of Commingling Separate and Community Property

Result of Commingling Community and Separate Property Under Arizona law, when one spouse earns income from separate property, that income is usually considered separate property. However, if the spouse does not keep them separate from community funds, the court can treat them as community property. In Franklin v. Franklin 253 P.2d 337 (1953) the Arizona Supreme Court […]

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Valuing a Pension Plan in a Divorce in Arizona

Posted on : August 4, 2016, By:  Christopher Hildebrand
Dividing a Spouses Retirement Plan

Valuing a Pension Plan in a Divorce in Arizona Under Arizona law, the earnings of both spouses during the marriage are community property. Sometimes a spouse’s earnings will also include their employer’s contribution to a retirement account. The court must determine the value of the contributions made during the marriage. They are divided as community […]

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How Separate Property Can Be Turned Into Community Property

Posted on : August 4, 2016, By:  Christopher Hildebrand
How to Convert Separate Property Into Community Property

How Separate Property Can Be Turned Into Community Property In Blaine v. Blaine 159 P.2d 786 (Ariz. 1945), the Arizona Supreme Court evaluated a divorcing couple’s property division. Facts of the Case The Blaines married in 1935. When they married, Husband owned a personal service business, a home, and some rental property. He also owned […]

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